


Spousal Privelege

by TruePlainHearts



Category: Arrow (TV 2012)
Genre: Cover Marriage, F/M, Legal Loophole, olicity - Freeform
Language: English
Status: Completed
Published: 2013-10-21
Updated: 2013-10-21
Packaged: 2017-12-30 01:19:32
Rating: Mature
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 1,590
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/1012310
Author URL: https://archiveofourown.org/users/TruePlainHearts/pseuds/TruePlainHearts
Summary: <blockquote class="userstuff">
              <p>The legal consequences of Oliver and Felicity's nocturnal activities become all too real and they are left with only one option. Set pre-Undertaking.</p>
            </blockquote>





	Spousal Privelege

**Author's Note:**

> This is an unfinished multific I have transferred from my fanfiction account. It has been on hold for a while but I hope to get back to it really soon.

Rule 504 Husband-wife privilege

(a) Spousal testimony. The spouse of a party has a privilege to refuse to testify against the party as to events occurring after the date of their marriage. A party has a privilege to prevent his or her spouse from testifying against the party as to events occurring after the date of their marriage.

 

When Felicity returned from being questioned by Det. Lance both Oliver and Diggle could see she was shaken up. She had always known she was breaking the law and weighed the risks of getting caught against the good she was doing helping Oliver, but suddenly the consequences became all too real. She didn't want to go to jail, and even worse still, Felicity didn't want to be the one to send Oliver to jail. She knew that she could be forced to testify against him if the police ever got any concrete evidence about his nocturnal activities. Plus, her tendency to babble when in tense situations certainly didn't inspire confidence. If they ever found out that Oliver was the hood they would need concrete evidence and a testimony to win in court and Felicity did not want to be that tool to lock Oliver away.

Oliver could sense how nervous Felicity was and he could feel worry and tension rolling off her in waves.

"Felicity, are you alright?" Oliver asked softly, placing his hand on Felicity's tense shoulder.

"No, Oliver I'm not alright." She replied, barely above a whisper. "I'm not exactly accustomed to being on the wrong end of the law."

Oliver sighed, running his hand through his hair nervously. He had never wanted to put her in this position and yet here they were.

"I mean," Felicity began, thinking out loud. "They don't have much. All my hacking and searching could be discarded as purely coincidental or personal interest but if we keep doing this and they keep linking me to the hood things could get complicated fast. If they figure out that you are the hood they will come after me to help put you away."

Felicity stood up from her office chair and began pacing around the floor of the Foundry while Diggle and Oliver watched on, eying her carefully as though she was ticking time bomb or worry and nervous energy.

"They could arrest me for real, Oliver." Felicity babbled, her pitch much higher than normal. "They could make me tell them who you are, testify against you. Then I would be the one responsible for putting you in jail. How could I deal with that?"

Diggle and Oliver looked at each other, unsure if she actually wanted them to answer. Oliver knew it was a problem and it had occurred to him on more than one occasion. Diggle hadn't yet been linked to the Hood and he was experienced enough to remain invisible. Felicity on the other hand wasn't used to this life. She was vulnerable and it made Oliver worry constantly about her safety. He was aware of only one solution and it seemed crazy when he uncovered so he had never brought it up.

"I mean I could probably figure out some believable lies for this time Oliver. I could just say that I was commissioned via email to do those searches or that it was my own idle curiosity but that isn't going to work next time. Then what do we do?" Felicity threw another exasperated question out into the open before collapsing back into her chair.

Oliver hesitated, not wanting to put Felicity into the position where she had to consider his offer but it was becoming obvious that ship had already sailed.

"There is a solution but you aren't going to like it." Oliver said reluctantly as Felicity looked at him with a mixture of hope and confusion.

"I'm pretty sure I would like any solution no matter the catch." Felicity said, with a nervous laugh. Oliver could tell she was really worried about Lance's interrogation.

"Have you ever heard of spousal privilege?" Oliver asked as Diggle shot him a look that firmly said, "no way!".

"I think I've heard of it on one of those crappy legal dramas, why?" Felicity asked still confused.

"It's a legal loophole basically. A person can't be forced to testify against their spouse." Oliver led Felicity along, hoping he would not have to say it outright.

"Yeah but how does that help us? We aren't...oh." Felicity's eyes widened and she looked at Oliver in shock. "OH!"

"Yeah, oh." Oliver replied, his mouth set in a firm line. "I know it is crazy and I told you that you wouldn't like it but you know, I had to give you the option. I know how much you are risking to help me."

An awkward silence fell over the Foundry and Diggle shifted uncomfortably in the tense aftermath of the worst pseudo-proposal in history. Oliver sat on a steel table, still as a statue while Felicity's mind worked at a million miles an hour, trying to process what Oliver had just said.

"Do you think we should?" Felicity asked nervously after a long pause. "I mean, would it protect us?"

"Yes it would, from the police and them using us each other against if they ever got wind of what it is we are doing." Oliver replied slowly. Was she actually considering this. "But don't feel like you have to. I would never blame you if they forced you to testify against me. I know the risk."

Oliver couldn't believe she was actually considering this. A marriage to prevent them going to jail wasn't exactly what women dreamed of.

"I mean, are you serious about this Oliver? Would you really do this?" Felicity questioned, this was awkward but she couldn't really see another option.

"Yes, I would. To protect you.. I mean protect us both."

Felicity fell quiet once again. It was just like when she was concentrating on her computers and the whole world fell away. Her brain was frantically weighing up all the options.

"Don't decide now. Sleep on it and think about it." Oliver urged trying to put her at ease. It was a lot to lump on to the table all at once.

"There is no need." Felicity said suddenly with an tone of determination and finality. "I'll do it."

Silence once again fell over the foundry as Oliver and Felicity both realised what had just happened and what it all meant. They were basically engaged and not in the way either of them had ever imagined. Oliver felt awful for putting her in this position. She deserved someone who loved her and a proposal and marriage that made her cry with tears of happiness and smile so widely her cheeks ached. Not one that made her sit nervously huddled in her chair as sh chewed her bottom lip and wrung her hands with anxiety. Though the idea of any other man being that close to Felicity made his stomach turn in a way he had never really experienced.

Diggle on the other hand stood awkwardly in the midst of his friends tension. It isn't every day you watch the two people you work with agree to get married to exploit a legal loophole.

"Okay, well I'm going to leave you to your wedding planning." Diggle said backing towards the stair and flinching as soon as he said the word 'wedding'. Apparently it was too soon for jokes. "Uh... See ya."

Diggle was practically a blur as he made a quick escape.

"So how are we going to do this?" Felicity asked quietly. "Quick trip to the court house?"

Felicity's nervous laugh diffused some of the tension between them but it was still by no means comfortable.

"The thing with this plan..." Oliver began, trying not to spook her. "Is that it has to look real. A court house contract will look suspicious."

Felicity looked at Oliver with thinly veiled horror.

"You mean we have to do the big white wedding?" Felicity was close to hyperventilating.

"Don't worry about it. I never should have brought it up." Oliver felt horrible. He had never wanted her to feel trapped in this situation.

"No!" Felicity said squaring her shoulders. "This is our best option. But I don't know how this is going to look real. I mean I'm the nerdy IT girl at your family's company and you're... Well, you"

"Well when we tell people how we met we can at least tell the truth. It's completely believable that things could have happened from there. People know that I've changed since I've been back. No one will question it if we do this right." The detached way Oliver spoke about his plan hid the panic that he was concealing just below the surface.

Felicity was skeptical but she trusted Oliver. She still couldn't see people buying it. It was like the billionaire playboy version of Lady Diana.

"Let's not think about anymore tonight." Oliver said, grabbing her coat and holding it open for her to slip into. "Go home and sleep on it. If you still want to do this tomorrow we will figure it out then."

Felicity let Oliver put her coat on for her and took her handbag. With one final awkward "goodnight" she climbed the stairs and walked numbly to her little red Mini. As she sat in the driver's seat, her mind too occupied to start the car and drive, she kept thinking one thing...

I'm engaged to Oliver Queen.


End file.
